Bill S3560-2013

Authorizes the issuance of a retail liquor license to a business that is otherwise prohibited from obtaining a license based upon their geographic location

Authorizes the issuance of a retail liquor license to a business that is otherwise prohibited from obtaining a license based upon their geographic location.

Details

Actions

  • Jun 21, 2013: SUBSTITUTED BY A4851
  • Mar 21, 2013: ADVANCED TO THIRD READING
  • Mar 20, 2013: 2ND REPORT CAL.
  • Mar 19, 2013: 1ST REPORT CAL.229
  • Feb 5, 2013: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Commerce, Economic Development and Small Business - Mar 19, 2013
Ayes (10): Valesky, Boyle, Gallivan, Felder, Griffo, Robach, Kennedy, Hassell-Thompson, Sanders, O'Brien
Nays (1): Fuschillo

Memo

BILL NUMBER:S3560

TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to providing an exemption for a retail liquor license

SUMMARY OF PROVISIONS:

Section 1 authorizes the State Liquor Authority to issue a retail license for on-premises consumption of alcohol for a premises which shall be located within two hundred feet of a building occupied exclusively as a school per a Predetermined boundary as outlined in this section.

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to allow the Brooklyn Botanic Garden to sell alcohol for on-premises consumption at one of its facilities.

JUSTIFICATION: After Brooklyn Botanic Garden completed construction on its new Visitor Center in 2012, it was determined that the entrance to the facility that housed as its new banquet hall was within 200 feet of a school, even though the banquet space itself is located considerably outside of the restriction zone. There had been a mistake in the measurement process and as a result, the facility is presently only allowed to serve wine and beer.

This legislation is necessary to correct that mistake and allow for alcohol to be served in the Garden's new banquet space. The construction of the Visitor Center enjoyed a wide array of community support and it was made clear from the beginning of the process that it was intended for this space to serve alcohol. There is no anticipated opposition to this legislation. In addition, without this license, the Garden will continue to lose out on much needed revenue that was intended to support their focus of providing an enriching horticulture experience for all its visitors.

LEGISLATIVE HISTORY: This is new legislation.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3560 2013-2014 Regular Sessions IN SENATE February 5, 2013 ___________
Introduced by Sens. ADAMS, MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Econom- ic Development and Small Business AN ACT to amend the alcoholic beverage control law, in relation to providing an exemption for a retail liquor license THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 7 of section 64 of the alcoholic beverage control law is amended by adding a new paragraph (e-5) to read as follows: (E-5) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, THE AUTHORITY MAY ISSUE A RETAIL LICENSE FOR ON-PREMISES CONSUMP- TION FOR A PREMISES WHICH SHALL BE LOCATED WITHIN TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, PROVIDED SUCH PREMISES CONSTITUTE A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE BOROUGH OF BROOKLYN IN THE COUNTY OF KINGS AND THE CITY OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY SIDE OF WASHINGTON AVENUE DISTANT 636.45 FEET SOUTHERLY FROM THE INTERSECTION OF THE SOUTHERLY SIDE OF EASTERN PARKWAY AND WESTERLY SIDE OF WASHINGTON AVENUE, SAID POINT BEING THE POINT OF BEGINNING; RUNNING THENCE SOUTHERLY ALONG THE WESTERLY SIDE OF WASHINGTON AVENUE, A DISTANCE OF 345.43 FEET; THENCE WESTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF 90 DEGREES 00 MINUTES 00 SECONDS, A DISTANCE OF 122.68 FEET; THENCE NORTH- ERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF 58 DEGREES 50 MINUTES 53 SECONDS, A DISTANCE OF 123.94 FEET; THENCE NORTHERLY ALONG THE LINE FORMING AN EXTERIOR ANGLE WITH THE PREVIOUS COURSE OF 159 DEGREES 18 MINUTES 33 SECONDS, A DISTANCE OF 36.59 FEET; THENCE NORTHERLY ALONG THE LINE FORMING AN EXTERIOR ANGLE WITH THE PREVIOUS COURSE OF 169 DEGREES 36 MINUTES 23 SECONDS, A DISTANCE OF
26.26 FEET; THENCE WESTERLY ALONG THE LINE FORMING AN EXTERIOR ANGLE WITH THE PREVIOUS COURSE OF 123 DEGREES 49 MINUTES 33 SECONDS, A DISTANCE OF 58.57 FEET; THENCE SOUTHWESTERLY ALONG THE LINE FORMING AN EXTERIOR ANGLE WITH THE PREVIOUS COURSE OF 129 DEGREES 53 MINUTES 13 SECONDS, A DISTANCE OF 108.38 FEET; THENCE WESTERLY, A DISTANCE OF 84.05 FEET ALONG A CURVE TO THE RIGHT, WHICH HAS A RADIUS OF 192.59 FEET, AND HAVING A CENTRAL ANGLE OF 25°00'14"; THENCE WESTERLY, A DISTANCE OF 58.94 FEET ALONG A CURVE TO THE RIGHT, WHICH HAS A RADIUS OF 181.42 FEET, AND HAVING A CENTRAL ANGLE OF 18°36'54". THENCE WESTERLY, A DISTANCE OF 354.56 FEET; THENCE NORTHERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF 90 DEGREES 14 MINUTES 09 SECONDS, A DISTANCE OF 114.49 FEET; THENCE EASTERLY ALONG THE LINE FORM- ING AN EXTERIOR ANGLE WITH THE PREVIOUS COURSE OF 286 DEGREES 53 MINUTES 22 SECONDS, A DISTANCE OF 7.54 FEET; THENCE EASTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF 195 DEGREES 07 MINUTES 53 SECONDS, A DISTANCE OF 159.88 FEET; THENCE EASTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF 193 DEGREES 52 MINUTES 57 SECONDS, A DISTANCE OF 161.51 FEET; THENCE WESTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF 257 DEGREES 31 MINUTES 43 SECONDS, A DISTANCE OF 116.17 FEET; THENCE NORTHEASTERLY, A DISTANCE OF 7.07 FEET ALONG A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 4.50 FEET, A CENTRAL ANGLE OF 89°59'10" AND A CHORD OF 6.36 FEET, WHICH CHORD MAKES AN INTERIOR ANGLE WITH THE PREVI- OUS COURSE OF 135 DEGREES 01 MINUTES 12 SECONDS; THENCE EASTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE CHORD OF THE ABOVE-REFER- ENCED CURVE OF 135 DEGREES 01 MINUTES 17 SECONDS, A DISTANCE OF 135.59 FEET; THENCE EASTERLY, A DISTANCE OF 81.93 FEET ALONG A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 272.93 FEET, A CENTRAL ANGLE OF 17°11'59" AND A CHORD OF 81.63 FEET, WHICH CHORD MAKES AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF 186 DEGREES 52 MINUTES 37 SECONDS; THENCE EASTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE CHORD OF THE ABOVE-REFERENCED CURVE OF 192 DEGREES 21 MINUTES 11 SECONDS, A DISTANCE OF 38.24 FEET; THENCE EASTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF 183 DEGREES 09 MINUTES 51 SECONDS, A DISTANCE OF 21.53 FEET TO THE POINT OF BEGINNING. S 2. This act shall take effect immediately.

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